North Devon Homes Ltd. v Batchelor [2008] EWCA Civ 840 concerned a claim for possession of an assured tenancy. At County Court, the claim was brought on grounds 10, 12 and 14 HA 1988. While the claim resulted in a postponed possession order for...
All the blog posts, most recent first
And we're back
A lovely break, thanks, which was spent mostly next to, on, in or under the Mediterranean. Two things made me particularly joyful: getting in a dive; and discovering we were sipping cocktails in the footsteps of Terry Thomas, who is Nearly Legal's...
Happy happy
I can't resist the third person, so.. Nearly Legal has an assistant solicitor post in a damn good housing department in a good firm now sorted out for post-qualification in October. No, I'm not telling you where, nor am I casting aside anonymity....
Brief news
On applications for permission to appeal to the House of Lords: Omar v Birmingham City Council - Omar refused permission to appeal from this Court of Appeal judgment. Very disappointing given the ambiguity, to put it mildly, of the Court of Appeal...
Constructive trust and dodgy RTB
There is an all too common situation. A tenant with the right to buy is offered a capital sum and the mortgage payments for the (in this case) three years needed to avoid repaying the RTB discount on transfer. In the meantime, they either get to...
Faarah Allocation Appeal
This was a judicial review against Southwark's allocation policy, reported in this post, which Southwark, rather surprisingly, appealed. Faarah, R (on the application of) v London Borough of Southwark [2008] EWCA Civ 807 was the result. The issue...
S.204 Appeal out of time
Barrett v LB Southwark [2008] EWHC 1568 (Comm) was an appeal of a dismissed application for permission to make a s.204 appeal out of time on an intentional homelessness decision upheld at s.202 review. For some reason it was heard in the Commercial...
Just passing
I have been and remain extremely busy, but thankfully there has been nothing of significance to post about. I'm toying with a summary of the fascinating and now very, very lengthy comment thread on the Malcolm post, but that too will have to wait....
In passing…
The Housing and Regeneration bill has been amended so that homeless applicants with families who are subject to immigration control will have that family count towards priority need. This will apply for UK/EU/Commonwealth citizens. Good. That will...
Gilboy redux
Gilboy, R (on the application of) v Liverpool City Council & Ors [2008] EWCA Civ 751 is the appeal from the Judical Revew decision noted in this previous post. The appeal, was by general consent, on one issue alone. Does the internal review...
On the naughty step
Having discovered that I am the receipient of John Bolch's coveted post of the month award for the last Naughty Step post, it seemed like time for another. Given that the award was only received due to the unreasonable delay of Geeklawyer in...
The Job Ad
Or strictly speaking the ad for me. I'm due to qualify at the end of September and so I'm hunting for a newly qualified post. Anyone interested in employing an experienced, enthusiastic, dedicated and, casting false modesty to the winds, frankly...